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Terms of Use

INTRODUCTION

These Terms of Use (hereinafter this "Agreement") governs each website, mobile site, application, electronic publication and/or other service, regardless of how distributed, transmitted, published, or broadcast (each, a "Service") provided by AdAmplify Corp., its parent, subsidiaries and/or affiliates ("we," "us," or "our") that links to or references this Agreement, which is binding on all those who access, visit and/or use the Service, whether acting as an individual or on behalf of an entity (collectively, "you" or "your").

Please read this Agreement carefully along with our Privacy Policy. You can access this Agreement and our Privacy Policy any time in the footer of the Service's home page or initial screen. Your access, visitation and/or use of the Service, including without limitation any registration on or subscription to any aspect of the Service or participation in any purchase or auction made available via the Service, will constitute your agreement to this Agreement and our Privacy Policy. If you do not agree with the terms and conditions of this Agreement and Privacy Policy, you may not access, visit and/or use the Service and if you do not agree with the terms and conditions of this Agreement and the Privacy Policy you may not participate in any purchase or auction via the Service.

You also acknowledge that by participating in any auction made available via the Services (including as a bidder or buyer) you will be subject to all of the terms and conditions of our Privacy Policy and this Agreement (including, without limitation, the additional terms and conditions set forth below under the heading "Specific Terms Relating to Auctions").

The Agreement and Privacy Policy may be modified from time to time by us; in which case we will post a new version on this site or in the Service. Thus you are urged to return back to this site or the Service from time to time to read any amended terms. Continued access of the Service by you will constitute your acceptance of any changes or revisions to the Agreement and Privacy Policy.

If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms and/or conditions that apply to the Service, as listed in this Agreement and the Privacy Policy (collectively, the "Agreement"), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may refuse to provide you with any future access, visitation, and/or use of the Service. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce this Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under this Agreement.

Among other things, this Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, service marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, auction item information and all other content, information, and materials (collectively, "Content") available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, sellers, vendors, and/or service providers, or by you, and/or other users or third parties.

MONITORING AND COMPLAINTS AGAINST OTHER USERS

We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties or guarantees that: the Service, or any portion thereof, will be monitored for accuracy or unacceptable use, or that any apparent statements of fact will be authenticated. We also do not make any representations, warranties or guarantees that we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent or otherwise made available on or through the Service by users (including vendors), so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.

REGISTRATION

  1. We may at times require that you register for certain Services, and/or to make purchases, or register and/or set up an account/profile to access, visit and/or use certain portions of the Service, or the Service as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may be asked to establish a third party payment related account or to provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as your age, gender, and the number for your mobile or other device may also be requested. All such information shall be referred to in the Agreement as "Your Information". We may use and share Your Information as described in our Privacy Policy.
  2. You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service that allows you to change or update your Registration Information. WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
  3. You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other device on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation sales, purchases and/or registration for additional merchandise, products and/or Services, including without limitation Content, that are initiated by use of your Registration Information.
  4. If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service and/or close the account/profile.
  5. You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information. You may not access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.

Acceptable Use:

  1. You shall ensure that all equipment, hardware, software, products and/or Services you use to access, visit, or use the Service does not disturb or interfere with our operation of the Service, or impede or interfere with others' access, visitation and/or use of the Service. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service any equipment, hardware, software, product and/or Services causing interference with us, our licensors, vendors, Service providers, the Service or any Content.
  2. You are solely responsible for all usage of, or activities on, the Service by you and by those you authorize or allow to use, or provide access to, the Service, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other device on which the Service resides or is accessible.
  3. You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations or Services linked to or accessible from this Service and are not responsible for the Content or actions of any other sites, applications, destinations or Services. Your linking to or accessing any other site, application, destination or Service is at your sole risk.
  4. The Service is not intended for users under the age of 18, and we do not knowingly collect personally identifiable information from users under the age of 18. Such users are expressly prohibited from registering for the Service or submitting their personally identifiable information to us, and from using portions of the Service for which registration is required.
  5. You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations (including applicable import and export control laws, rules, and regulations of the United States and other countries) in accessing and using the Service, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  6. Content that is provided by us, our licensors, vendors and/or service providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, service marks and other brand identifiers, the organization, design, compilation, and "look and feel" of the Service, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or service providers.
  7. Certain Content may be made available to you on or through the Service for download, installation, and/or streaming. Such Content is subject to the same terms, conditions, limitations and restrictions applicable to all Content provided by us, our licensors, vendors and/or service providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.

Restrictions:

  1. You may not, nor may you allow others, to directly or indirectly, do any of the following for any reason:
    • access and/or use anyone else's Registration Information, or access, visit and/or use the Service by use of anyone else's account/profile and/or Registration Information;
    • authorize or permit anyone else to access and/or use your Registration Information, or access, visit and/or use the Service by use of your account/profile and/or Registration Information or impersonate, imitate or pretend to be somebody else;
    • except as permitted by us, make any commercial, advertising, promotional, or marketing use of the Service and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Service marks and other brand identifiers of us, our licensors, vendors, and/or service providers obtained on or through the Service, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service;
    • post, upload, transmit, send or otherwise make available on or through the Service any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers,;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you may post, upload, transmit, send, or otherwise make available on or through the Service;
    • use any bots, cheats, macros, scripts, or any form of auto-responder, or use any other automated process,;
    • copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content;
    • engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Service;
    • use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service any Content that is pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;
    • use any language, or post, upload, transmit, send or otherwise make available on or through the Service any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
    • post, upload, transmit, send or otherwise make available on or through the Service any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
    • post, upload, transmit, send or otherwise make available on or through the Service any Content that infringes, violates, or breaches the copyright, trademark, trade secret or any other personal or proprietary right of us, our licensors, vendors, Service providers, other users, and/or any third party;
    • copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service, in whole or in part, except as permitted by the Copyright Act;
    • reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service, in whole or in part; or
    • post, upload, transmit, send or otherwise make available on or through the Service any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.

Comments on the Service are Not Necessarily Endorsed by Us:

We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent or otherwise made available on or through the Service. You agree that we and our licensors, vendors, and/or service providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent or otherwise made available on the Service, including Content that violates the Agreement.

Use of Content Supplied by You:

Except as expressly provided otherwise in the Agreement, you or the owner of any Content you post, upload, transmit, send or otherwise make available on or through the Service retains ownership of all rights, title, and interests in such Content. However, by posting, uploading, transmitting, sending or otherwise making available Content, registering for the Service, or engaging in any other form of communication with us (on or through the Service or otherwise) you irrevocably grant us a royalty-free, non-exclusive, unrestricted, worldwide, perpetual, right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, use, or change all such Content and communications in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.

COPYRIGHT COMPLAINTS

  1. If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or Service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
    3. Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
    4. Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
    5. A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Copyright Agent: AdAmplify Corp., 225 West 8th Avenue, Suite 300, Vancouver BC, V5Y 1N3. Email: info@adamplify.com; fax: 604-638-3801

For communications on other matters, please contact us through the means described on the Service, if available (for example, in the "Contact Us" section), or if no such means are specified, contact our Privacy Policy Coordinator as described in our Privacy Policy.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless us, our licensors, vendors, service providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors and assigns (collectively, "Indemnitees") from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys' fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, "Claims") which may arise out of or are in any way connected with your access, visitation and/or use of the Service, your Content, unauthorized use of Content obtained on or through the Service, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

  1. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE IS PROVIDED "AS IS", "WITH ALL FAULTS" AND ON AN "AS AVAILABLE" BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT OR GUARANTEE THAT ACCESS TO THE SERVICE AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
  2. WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICES AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR".

TERMINATION OR SUSPENSION OF THE SERVICE, YOUR USE OF THE SERVICE, AND/OR THE AGREEMENT

  1. We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend and/or restrict the Service, your account/profile, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice.
  2. Even if the Service, your ability to access, visit and/or use the Service or any portion thereof, and/or the Agreement is terminated, discontinued, suspended or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service, may be retained and/or remain viewable by us, our licensors, vendors, Service providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.

COMMUNICATIONS TO YOU

  1. The communications between you and us usually use electronic means, whether you access, visit or use the Service, send us messages, or whether we post notices on the Service or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically, and your agreement to do so applies to all of your interactions and transactions with us.
  2. You understand and agree that joining the Service may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service.

DISPUTES AND JURISDICTIONS

  1. The Service is based in the United States and Canada. It is not designed, customized or intended for, or directed to, any other country. Those who choose to access, visit and/or use the Service do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty or guarantee that the Service, or any merchandise, products, Services, and/or Content available on or through the Service are appropriate, available, or legal in any particular geographic location.
  2. In any dispute between us, your sole remedy is to stop using your account/profile and/or the Service. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in this Agreement or the Privacy Policy, posted at various points in the Service, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content available on or through the Service, or any edits, deletions, additions, or other changes thereto; (iv) your ability or inability to access, visit and/or use portions of the Service, or the Service as a whole, or features, functionality, and/or Content available on or through the Service; or (v) the amount, type, and/or basis for determining any Fees, any changes thereto, or additional Fees.
  3. You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action against us must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.
  4. You agree that, regardless of where you access, visit and/or use the Service, all issues concerning the construction, validity, interpretation and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, and in particular the State of Washington, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in Seattle, Washington, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the State of Washington, and any other laws, the conflict will be resolved in favor of the laws of the State of Washington.
  5. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.

GENERAL

  1. We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service, or the Service as a whole. Such additional rules will be posted in the relevant portions of the Service, and are hereby incorporated into the Agreement by this reference. Your continued access, visitation and/or use of the Service constitutes your agreement to comply with these additional rules.
  2. The rules, restrictions, limitations, terms and conditions that apply to the Service, whether listed in this Agreement or the Privacy Policy posted at various points in the Service, or otherwise communicated to you, constitutes the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Service, including the release of updates, upgrades, new products and/or Services, shall be subject to the terms and conditions of the Agreement.
  3. Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
  4. If we have provided you with a translation of the English language version of this Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of the Agreement will govern your relationship with us. If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.
  5. We may sub-license, transfer, sell or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.

SPECIFIC TERMS RELATING TO AUCTIONS

At this time, you may buy items through the Service using either immediate purchase or an auction. In an auction, you may place bids on items and, if you are the highest bidder, pay for the item when the auction closes. At the time of purchase any applicable shipping and taxes on an item bought through immediate purchase or through an auction will be applied during checkout. This online marketplace is a venue for independent sellers to advertise and promote items for you to purchase or bid on. In addition to all of the other terms and conditions set forth above in this Agreement, if you participate in any auction as a bidder or buyer you agree to the following additional terms:

  1. Our Service is available for use only by individuals able to form legally binding contracts under applicable law. Without limiting the foregoing, minors are not eligible to register for use of our Service or participate in any auction.
  2. We are only a service and do not participate in resulting transactions between bidders, buyers and sellers. We are not responsible for any transaction between a bidder, buyer and/or seller. Accordingly, in the event of any dispute with one or more users (i.e. bidders, buyers and sellers, etc.), you release us, our agents and employees from all claims, demands and damages (actual and consequential) of every form and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from or in any way connected with such disputes and/or any transaction between users.
  3. You are responsible for paying all applicable taxes and costs for your equipment, hardware, software, service or any other expense incurred in order to initiate and maintain your use of our Service.
  4. We will not be responsible for, and have no control over the availability, quality, safety or legality of the products, items or services listed or advertised in connection with our Service. We cannot warrant the truth or accuracy of listings, images, the ability of users to bid, buy or sell, or the ability of users to complete any transactions initiated by using our Service.
  5. If you bid on an item and your bid is accepted by the seller, you will be obligated to complete that transaction. If you choose to bid on any item(s), you are certifying that you have the legal right to purchase and receive the item(s).
  6. Images available on or through the Service of merchandise or products, including without limitation Content, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products
  7. WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE SERVICE. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, SHALL BE BETWEEN THE BUYER AND SELLER WITHOUT ANY INVOLVEMENT BY US. THESE THIRD PARTIES MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES.
  8. IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS AND/OR SERVICES, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE SERVICE, NOTE THAT NEITHER WE NOR OUR INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICES.
  9. Employees of AdAmplify are not eligible to participate in auctions but may buy items that are put up for immediate purchase. Employees of participating sellers may bid, but not on items that are provided by their respective businesses.
  10. Starting and ending time of any item is determined by the website clock. Purchases and bids will be accepted during this time period only. We reserve the right, at our sole discretion and without notice, to extend, terminate or modify the online marketplace in the event of unforeseen technical difficulties that alter the proper functioning of the online marketplace. Purchases or bids may be made online 24 hours per day at the online marketplace website, between the item's start date and time and its end date and time.

You further agree to the following terms and conditions:

Auction Bidding:

  1. A Starting Bid will be set for each item. The Starting Bid is the minimum amount required to participate in the bidding for that item, not necessarily the amount that must be bid to be a potential winning bidder of the item.
  2. Each item has a Reserve Value. The Reserve Values are usually 50% of the ordinary selling price of the item, except in the case of high value items, where the Reserve Value may be higher.
  3. Each item has a Reserve Status, which indicates one of two values:
    1. Reserve not met. The amount of the highest bid is less than the Reserve Value and the item will not sell; or
    2. Reserve met. The amount of the highest bid is at least as much as the Reserve Value and the item will be sold to the highest bidder.
  4. The Service's auctions operate under a proxy bidding system. Under proxy bidding, you tell the Bidder Trust Agent the maximum amount you are willing to bid for an item. This is your Maximum Secret Bid and is known only by you and the Bidder Trust Agent. You should be sure of your Maximum Secret Bid prior to submission. The Maximum Secret Bid that you submit may not necessarily be the price you pay if you are the successful bidder - you may pay less, but never more. However, choose your maximum carefully, as you will be legally bound to pay up to that price (plus any applicable taxes and/or shipping) if it is the final highest bid or one of the highest bids in cases where the quantity available is greater than one.
  5. If your Maximum Secret Bid is the first bid on an item, it must be at least as much as the Starting Bid for the item. If previous bids have been placed on all available quantities of the item, then your Maximum Secret Bid must exceed the current leading bid on that item by at least the minimum increment for that item (where the increment is $1 for items whose value is less than $100, $10 for items whose value is $100 or more but less than $10,000, and $100 for items whose value is $10,000 or more). For example, if the current leading bid is $250 on a $1000 item with an available quantity of one, then your Maximum Secret Bid must be at least $260.
  6. Based on your Maximum Secret Bid, the Bidder Trust Agent will place bids on your behalf at the lowest amount possible to make you the high bidder for the item. For example, if yours is the first bid on an item, the Bidder Trust Agent will place a bid on your behalf equal to the Starting Bid for that item, or if your Maximum Secret Bid is greater than the Reserve Price of the item, the Bidder Trust Agent will place a bid equal to the Reserve Price (and declare Reserve Met).
  7. If another bidder places a Maximum Secret bid on an item for which you have placed a bid, and your Maximum Secret Bid on that item is higher than the other bidder's Maximum Secret Bid, the Bidder Trust Agent will automatically place a bid on your behalf that is $10 more than the current leading bid, to ensure you remain the leading bidder. For any item with a value of $10,000 or more, that increment will be $100. For items with a value of less than $100, the increment will be $1. The Bidder Trust Agent will continue bidding in this fashion until one of three things happens:
    1. No other bids are higher than yours;
    2. Your Maximum Secret Bid is reached; or
    3. You are declared the highest bidder at the end of the online marketplace.
  8. It is your responsibility to monitor the outcome and status of your bids on the online marketplace website and, in the event that you are outbid by another bidder with a higher Maximum Secret Bid, determine whether to continue bidding on an item. If you are outbid by another bidder with a higher Maximum Secret Bid, you must submit a new Maximum Secret Bid in order to continue your bidding on that item. If you submit a new Maximum Secret Bid, that bid supersedes all your previous bids on that item. The amount of the new bid must be at least $10 more than the current leading bid on the item (or $100 for items over $10,000 in value and $1 for items under $100 in value), and the quantity must be the same as or greater than the highest quantity in any of your previous Maximum Secret Bids on that item.
  9. If your Maximum Secret Bid is exactly the same as another bidder's previously-placed Maximum Secret Bid on the same item, the bidder whose bid was placed first shall be declared the leading bidder.
  10. If an item is available with a quantity greater than one, you may place a bid on more than one of that item (your Bid Quantity). For example, for an item that is available with a quantity of three, you may bid on one, two or all three of that item. The quantity allocated to you by your bid may be as much as your Bid Quantity or may be less (but never more), depending on whether there are previous bids by other bidders at the same amount, or subsequent bids at higher amounts. The quantity allocated to you may also change over the course of the online marketplace as subsequent bids are received, if those bids are higher than yours.
  11. In the event of a dispute between bidders or between bidders and the Bidder Trust Agent, or in the event of doubt or dispute as to the validity of any bid, the Bidder Trust Agent will have the discretion to determine the successful bidder. All decisions by the Bidder Trust Agent are final and binding.
  12. We are not responsible for any bids that are lost, misdirected, incomplete or illegible, or for failed, partial or garbled computer transmissions, or for technical failures of any kind including, but not limited to, malfunctioning of any network, hardware or software, which may limit a bidder's ability to participate in the online marketplace. Proof of sending will not be proof of receipt by AdAmplify. Please check your user account to see what bids have been placed on your behalf. AdAmplify is not responsible for any online, long distance telephone, or other charges you may incur in connection with participating in the online marketplace.
  13. During and after the marketplace event, you may receive emails confirming bids you place, notifying you that you have been outbid by another bidder, or notifying you that you are a winner. These emails are for informational purposes only. Their transmission or omission do not constitute any change in the status of your bid or those of other bidders. Only the record of bids in the online marketplace system, as represented on the online marketplace website, constitutes the true bid record, as used by the Bidder Trust Agent to determine the winning bidder at the close of the online marketplace.

Winning Bids:

  1. At the close of each auction item, the Bidder Trust Agent will determine the winning bidder (the buyer) for each item and will contact that bidder by email and/or phone to notify him/her of his/her winning status and request payment. As the buyer, you may not retract your bid and are obligated to make full payment of the total purchase price within three days of notification being initiated by the Bidder Trust Agent. If a buyer cannot be contacted, or if payment is not received in full, within three days of contact first being initiated, the Bidder Trust Agent reserves the right to disqualify that buyer and deem the next highest bidder on the item to be the buyer. As the new buyer in such an instance, you may not retract your bid and are obligated to make full payment of the total purchase price within two days of notification being initiated by the Bidder Trust Agent. If you are subsequently declared the winning bidder in such an instance and cannot be contacted, or if payment is not received in full, within two days of contact first being initiated, the Bidder Trust Agent reserves the right to continue the process of disqualification and notification of subsequent bidders, or to remove the item from sale.
  2. The total purchase price of an auction item for each winning bidder is defined as the leading bid for the item at the close of the online marketplace, for each winning bidder, multiplied by the quantity allocated to the bidder. In the event that a bidder is disqualified and the item offered to the next highest bidder, the total purchase price shall be the next highest bidder's Maximum Secret Bid, multiplied by the quantity allocated to the bidder, plus any applicable transaction taxes required by law to be collected and remitted.

Payments:

  1. Unless otherwise stated in the item description, the buyer is paying the total purchase price to the seller (the participating business which sponsored the item in the online marketplace). Specific payment instructions for each item won are provided in email notifications.
  2. It is the seller's and the buyer's responsibility to obtain any applicable or necessary licenses, registrations, or any other form of approval for the items sold and to pay any fees associated therewith.
  3. During checkout if the item is available for shipping, the buyer will be responsible for entering his/her shipping address; this address shall be used by the seller to ship the item. Delivery may incur additional charges above and beyond the total purchase price; these will be charged at the time of purchase unless the item is available for pickup and the buyer has chosen that option. For items that allow pick-up, arrangements including the payment of taxes must be made with the respective seller.
  4. If the buyer fails to comply with these rules and this Agreement, including the obligation to make full payment of the total purchase price within the time limits and terms set out herein, in addition to other remedies available to AdAmplify and the seller, you not only will remain obligated for your leading bid amount, you also will, to the fullest extent permitted by applicable law, be responsible for all attorney's fees and costs incurred to enforce payment of these amounts. AdAmplify or the seller may also cancel the sale and re-offer the item or sell it privately and hold the initial bidder or purchaser liable for any costs or losses associated therewith.
  5. It is the seller's responsibility to ensure that all taxes that apply to the items or transactions are collected, reported and remitted to the appropriate tax authority.
  6. As stated in this Agreement and these rules, all sales are final. However, in the event that an item you purchased is damaged, please contact the seller directly to arrange for a replacement item. If you feel that an item your purchased was not fairly represented on the marketplace website, a refund request may be made to the seller. To be eligible for a refund, you must submit your request directly to the seller within seven days of receiving your item. Please see your email Purchase Confirmation for the item for the seller's contact information. The seller shall notify you via e-mail or telephone of the status of your refund once it has been received, reviewed and processed. You can expect a refund in the same form of payment as originally used to make payment, within 7 to 14 business days of your refund being approved.
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